Car accidents are the most common basis for a personal injury claim in Georgia and anywhere else in the US. Filing a car accident claim involves several key steps. Here’s a comprehensive guide to some of the preliminary procedures you need to follow to get started pursuing your claim:
Initial Steps After the Accident
Take the following steps at the scene of the accident, to the extent that your injuries allow you to:
- Call 911.
- Exchange information with the other driver. Get their name, contact details, and insurance company. This is a legal requirement. Get the other driver’s license number and license tag number as well.
- Document the scene. Take cell phone photos of the scene of the accident, the position of the cars on the road, skid marks, license tags, and any injuries or property damage.
- Gather contact information from any witnesses.
- Work with the police. Cooperate with the police when they arrive, and ask them to send you a copy of the accident report.
- Get your injuries checked out. Go to the hospital and have doctors examine you for any injuries.
Some injuries produce late-breaking symptoms. Seek medical attention if your body experienced any impact at all, even if you don’t believe you were injured.
Secondary Steps
Take the following actions over the next few days, or delegate them to a trusted friend or relative:
- Notify your insurance company of the accident. Do this as soon as you can, even if they will not be responsible for paying your claim. Provide them with the accident details, including a copy of the accident report or its identification number.
- Contact the at-fault driver’s liability insurance company. Since Georgia is an ‘at-fault’ auto insurance state (as opposed to a ‘no-fault’ state), they will be the ones paying your claim. If the accident is your fault, there is certain optional no-fault insurance that you can rely on, such as uninsured motorist insurance and collision insurance.
- Send a demand letter. After your doctor declares that you have reached maximum medical improvement (MMI), draft and send a demand letter to the insurance company that is responsible for paying your claim.
- Commence settlement negotiations with the insurance company. Again, it’s best if you let a car accident lawyer handle this for you.
If negotiations stall, or if the insurance company flatly rejects your claim, you will have to “play hardball” to get a settlement. That probably means filing a lawsuit.
Filing a Lawsuit
You can file a lawsuit and then offer to withdraw it in favor of an acceptable settlement from the insurance company. Here is how to do it:
- Find the right court. In Georgia, that probably means the Superior Court or the State Court in the county where the accident happened or where the at-fault driver lives. If the amount of your claim is no greater than $15,000, you can file a lawsuit with a county small claims court (the Magistrate Court). Small claims court offers a simpler and easier process.
- Draft and file the lawsuit complaint. Your complaint must outline the facts of the case, offer a legal basis for your claim (negligence, for example), and provide a breakdown of your damages. You need a lawyer to help you prepare this unless you file your claim in small claims court.
- Pay the filing fee. This amount will vary from court to court, but it tends to increase as controversy increases.
- Have a neutral third party provide the defendant with a copy of your complaint and a court summons. This is known as “service of process” of process.’ You cannot do this yourself. You can have the sheriff serve process, for example.
- Wait for the defendant to file a written answer. The defendant typically has 30 days to file an answer that includes their defenses and any counterclaims.
Filing a car accident claim in Georgia requires knowledge of the applicable law and meticulous documentation. Prepare your claim with care, and be sure not to miss any deadlines. Georgia’s general statute of limitations deadline for filing a personal injury lawsuit is two years after the date of the accident (with certain exceptions).
Robert Hammers is the main attorney at Hammers Car Accident & Personal Injury Lawyers, a personal injury law firm based in Atlanta, GA. The firm has over 50 years of combined experience helping injury victims since 2015.
Contact Hammers Car Accident & Personal Injury Lawyers if you got injured in Fulton County, GA, we have offices in: Atlanta, Sandy Srings, Roswell, Lawrenceville, Smyrna and Mableton.
